SUDOKU
How Ironclad Is an Irrevocable Trust?
A Look at Your Clients’ Amendment Options
Luxurious Vegan Chocolate Mousse
Irrevocable trusts are known for being inflexible. By definition, they cannot be modified, amended, or terminated. This is part of what makes them attractive, but it can also wind up creating problems for both trustees and beneficiaries. Luckily, in the right situation, an irrevocable trust is not entirely ironclad. If you have a client who has funded an irrevocable trust with inappropriate terms, for example, there could be a way to help them modify it. When we say inappropriate terms, we are referring to things like changes in family circumstances, new or different trustees, beneficiary issues, or alterations of the tax law. Say, for example, that a charity named in the trust as a beneficiary has gone out of business or fallen victim to a scam or scandal that seriously altered its operations. In that situation, it would be understandable for your client to want to change the terms of the trust. It might also be possible. An irrevocable trust definitely cannot be undone or amended on a whim, but in these types of circumstances, your client may be able to seek an amendment of the estate plan in court. Despite the definition of an irrevocable trust, the court generally has the authority to amend it upon the petition of the trust’s beneficiaries. As you might imagine, this is a complex process best overseen by an experienced estate planning attorney. Our team here at Eagle & Fein specializes in exactly this type of convoluted case. If you have clients in this situation, we can help them determine whether a court-ordered modification is their best bet. We can also explore other alternatives and advise them on other aspects of their estate plan to prevent similar issues from popping up in the future. It seems ironic, but ultimately, the name “irrevocable trust” is a misnomer. In the estate planning world, anything is possible with the right experience and expertise.
Making chocolate mousse with avocados may sound strange, but we promise it ’s a match made in heaven! This sinfully delicious recipe is a great holiday treat.
INGREDIENTS
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4 oz vegan dark chocolate, chopped
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1 tsp vanilla extract
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1–3 tsp maple syrup, to taste
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2 large avocados, pitted and skinned
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Fresh berries, for garnish
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3 tbsp cocoa powder
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1/4 cup almond milk
DIRECTIONS
1. In a microwave-safe bowl, melt the dark chocolate. Heat in 15-second intervals, then stir and repeat until melted. Set aside to cool. 2. In a food processor or blender, combine the cooled chocolate and other ingredients. Blend until smooth and creamy, adding additional sweetener as desired.
3. Scoop into glasses and refrigerate at least 2 hours. Top with berries and serve!
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